Law: Trade Marks Act, (V of 1940)

Section: 6

Trade Marks Act (V of 1940)---Ss. 6, 8, 14, 37(1)(a)(b) & 46(2)---Expunging/cancelling/removing/rectifying of trade mark---Prior user of trade mark--­Applicant was an international company using the trade mark all over the world---Respondents got the same trade mark registered in their name in Pakistan---Effect---Respondents had not contested the matter and there was no opposition to the applicant's allegation that there was no bona fide intention on the part of the respondent for registration that it should be used in relation to the goods and that there had in fact been no bona fide use up to date---Continuous period of five years or longer had elapsed during which there had been no bona fide use--­Applicant had established that it was a proprietor and user of the disputed trade mark and desired it to be registered with the Registrar---Applicant being obstructed and restricted from registration of its trade mark because of registration of respondents had made the applicant aggrieved person and its application maintainable---High Court directed the Registrar to allow the entry of registration of the applicant and expunge/remove the trade mark from the name of the respondents---Application allowed accordingly. Abdul Aziz v. Seven-Up Co., Karachi and another PLD 1978 Kar. 10; The Seven-Up Company v. Abdul Aziz and another 1983 CLC 522; Chiswick Products Ltd. v. The Registrar of Trade Marks Karachi and another PLD 1975 Kar. 421; Sindh Match Works (Private) Limited v. The Deputy Registrar of Trade Marks and another 1991 CLC 47; and Culett, Peabody and Company Inc. v. Assistant Registrar of Trade Marks and another 1991 SCMR 921 ref. ORDER This is an application under sections 37(1)(a) and (b), 46(2), 8, 6 and 14 of the Trade Marks Act, 1940 for expunging/cancelling/removing/rectifying the entry irk the Trade Marks Register of the trade mark GAP and design registered under Registration No. 97650, dated 3-3-1988 in Class 3 in respect of washing powder and detergent, respondents 1 and 2 were served through publication as well as by TCS Courier Service, Registered post A.D through pasting on the Court Notice Board and also by pasting at respondents 1 and 2…

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